Michigan Compiled Laws
175-1927-V - Chapter V Bail (765.1...765.31)
Section 765.20 - Administering Oath to Proposed Surety to Ascertain Financial Condition; Requiring Surety Upon Criminal Recognizance to Pledge Real Estate; Value of Surety's Interest in Real Estate; Executing Recognizance and Affidavit of Justificati...

Sec. 20.
(1) A judge listed in section 1(1) of this chapter or a district court magistrate may administer an oath to a proposed surety upon a recognizance given for the release of a person accused of a felony, misdemeanor, or ordinance violation, to ascertain his or her financial condition. A judge or district court magistrate may require a surety upon a criminal recognizance taken before the judge or magistrate, to pledge to the people of the state, real estate owned by the surety and located in the county in which the court is established. The value of the interest of the surety in the real estate shall be at least equal to the penal amount of the recognizance. If a pledge of real estate is required, the surety shall execute the usual form of recognizance and, in addition, there shall be included in the recognizance, as a part of the recognizance, an affidavit of justification in substantially the following form. The affidavit shall be executed by the proposed surety under an oath administered by the clerk, a district court magistrate, or a judge of the court.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17182 ;-- CL 1948, 765.20 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 Former Law: See section 1 of Act 17 of 1926.

Structure Michigan Compiled Laws